Property owner fined over $60,000 for not complying with removal order
An owner was convicted and fined $66,040 in total, of which $56,040 was the fine for the number of days that the offence continued, at the Tuen Mun Magistrates' Courts last Friday (January 9) for failing to comply with a removal order issued under the Buildings Ordinance (BO) (Cap. 123).
The case involved unauthorised building works (UBWs) with an area of about 45 square metres on the roof of a village house on a lot in D.D.130, Tuen Mun. Since the Lands Department would not issue a certificate of exemption for the UBWs and the UBWs were carried out without prior approval and consent from the Buildings Department (BD), a removal order was served on the owner under section 24(1) of the BO. Failure to comply with the removal order, the owner was prosecuted by the BD.
A spokesman for the BD said today (January 13), "UBWs may lead to serious consequences. Owners must comply with removal orders without delay. The BD will continue to take enforcement action against owners who fail to comply with removal orders, including instigation of prosecution, to ensure building and public safety."
Failure to comply with a removal order without reasonable excuse is a serious offence under the BO. The maximum penalty upon conviction is a fine of $200,000 and one year's imprisonment, and a further fine of up to $20,000 for each day that the offence continues.
Labour Department highly concerned about fatal work accident that happened in Kai Tak today
The Labour Department (LD) is highly concerned about a fatal work accident that happened at a construction site in Kai Tak this afternoon (January 12). While a male worker was detaching the lifting gear connected to the top of a water tank, the water tank displaced suddenly, trapping the worker between the water tank and a bored pile casing nearby. He was certified dead later in hospital. The LD is saddened by the death of the worker and expresses its deepest sympathy to his family.
The LD's spokesman said, "We commenced an immediate on-site investigation as soon as we were notified of the accident and have issued suspension notices to the contractors concerned, suspending the use of mobile cranes for lifting operation at site concerned. The contractors cannot resume the work process until the LD is satisfied that suitable measures to abate the relevant risks have been taken."
The spokesman added, "We will complete the investigation as soon as possible to identify the cause of the accident, ascertain the liability of the duty holders and recommend improvement measures. We will take actions pursuant to the law if there is any violation of the work safety legislation."
To prevent workers from being struck or trapped by loads when engaged in unrigging process, the LD reminds employers to (i) ensure that the place supporting the loads is secure; and (ii) formulate proper unrigging methods for detaching lifting gear so as to prevent displacement of the objects in the course of unrigging operations.
The general duty provisions of the Occupational Safety and Health Ordinance require employers to provide safe working environments, plant and systems of work for their employees. Those who contravene the relevant provisions are liable to a maximum fine of $10 million and imprisonment for two years.
In regard to today's accident, the LD will issue a Work Safety Alert through its mobile application "OSH 2.0", website and email, giving a brief account of the accident concerned to duty holders, workers' unions, professional bodies of safety practitioners and others, and reminding the industry of the importance of following safety precautionary measures to prevent a recurrence of similar accidents.
The LD will also remind the employer concerned of the liability for employees' compensation under the Employees' Compensation Ordinance, assist family members of the deceased to claim employees' compensation and closely follow up on the case. For those with financial difficulties, the LD will assist them to apply for appropriate emergency funds. Subject to the needs and wishes of family members of the deceased, the LD will also liaise with the Social Welfare Department for financial or other assistance.
For the sake of securing the safety and health of employees at work, the LD appeals to employers to provide plant and systems of work that are safe and without risks to health. Employees should co-operate with their employers, adopt all safety measures and use personal protective equipment provided properly to avoid endangering their own work safety and that of other workers.
Source: AI-found images
